Document Type

Article

Publication Date

Fall 2018

Abstract

This Article examines the related issue of whether a Terry stop initiated for reasonable suspicion that a person is armed inherently authorizes treatment of the detainee as armed and dangerous (and thus authorizes a frisk). As shown in Part III, the U.S. Supreme Court jurisprudence is equivocal on the point. Part IV illustrates the conflicting approaches taken by contemporary lower courts. This Article concludes a frisk is not inherently authorized in such a stop, for two separate reasons.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.